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Domestic Abuse Act 2021

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Changes over time for: Section 33

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Changes to legislation:

Domestic Abuse Act 2021, Section 33 is up to date with all changes known to be in force on or before 07 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

33Matters to be considered before making an orderE+W

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(1)Before making a domestic abuse protection order against a person (“P”), the court must, among other things, consider the following—

(a)the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the order (whether or not that person and P are personally connected);

(b)any opinion of the person for whose protection the order would be made—

(i)which relates to the making of the order, and

(ii)of which the court is made aware;

(c)in a case where the order includes provision relating to premises lived in by the person for whose protection the order would be made, any opinion of a relevant occupant—

(i)which relates to the making of the order, and

(ii)of which the court is made aware.

(2)In subsection (1)(c) “relevant occupant” means a person other than P or the person for whose protection the order would be made—

(a)who lives in the premises, and

(b)who is personally connected to—

(i)the person for whose protection the order would be made, or

(ii)if P also lives in the premises, P.

(3)It is not necessary for the person for whose protection a domestic abuse protection order is made to consent to the making of the order.

Commencement Information

I1S. 33 in force at 27.11.2024 until the end of the specified period on 26.11.2025 in relation to specified areas by S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4)

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